Opinion
November 17, 1998
Appeal from the Supreme Court, New York County (Emily Goodman, J.).
The only issue before us is whether CPLR article 85 authorizes the court to render an order directing a plaintiff, already held liable for litigation costs and attorneys' fees, to post security pending an ascertainment of the amount of the award, when judgment has already been entered in the underlying action dismissing the complaint with no appeal taken. We have long recognized a legislative intent that security could not be required after termination of the action ( see, Schroeder v. Page, 124 App. Div. 253 [decided under former Code of Civil Procedure § 3277]), and CPLR 8501 confers no such authority ( compare, Howell v. Rothberg, 197 A.D.2d 815 [appeal taken from dismissal of complaint, so that action was still pending]) regardless whether a final award for costs and fees is still outstanding.
Concur — Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.